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Bill

SB 2305

Relating to extreme risk protective orders; creating criminal offenses.

89th Legislature (2025)

SB 2305 creates extreme risk protective orders in Texas allowing temporary firearm removal from individuals posing danger, with criminal penalties for order violations and false petitions.

Referred to State Affairs
#courts--general(i0160) #crimes--againstpersons--general(i0170) #family--familyviolence(i0353) #lawenforcement(i0510) #protectiveorders(s0495) #publicsafety #departmentof(v0251) #weapons(i0887)
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WeVote Research Nonpartisan
Bill Summary · SB 2305

Legislative bill overview

SB 2305 creates a framework for extreme risk protective orders (ERPOs) in Texas, allowing courts to temporarily remove firearms from individuals deemed an extreme risk to themselves or others. The bill also establishes criminal penalties for violations of these orders and potentially for false or malicious petitions seeking such orders.

Why is this important

ERPOs represent a significant shift in gun policy for Texas, which historically has had minimal firearm restrictions. This mechanism could affect how mental health crises, domestic violence situations, and suicide prevention are handled legally. The bill balances public safety concerns against Second Amendment considerations and due process protections.

Potential points of contention

  • Second Amendment concerns: Gun rights advocates argue ERPOs constitute firearm confiscation without traditional criminal conviction, raising constitutional questions about property rights and due process
  • Implementation standards: Disagreement likely exists over what threshold constitutes "extreme risk," who can petition (law enforcement, family members, healthcare providers), and what evidence is required
  • Mental health stigma: Mental health advocates worry the law could discourage people from seeking treatment if they fear firearm removal, while others see it as necessary intervention for suicide prevention
  • False petition penalties: The inclusion of criminal penalties for malicious petitions creates incentive concerns about whether people will report genuine concerns versus risk criminal liability

Compiled from official sources — confirm details with the bill’s official record.

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